No. 13. whose favor a verdict shall be given shall be entitled to his costs of 21 VICTORIA, suit as between party and party against the other party to such action or suit, such costs to be taxed in the usual way; and if such verdict shall be given against the plaintiff in such action or suit, the costs so taxed as aforesaid shall be recoverable and recovered against the plaintiff in the same manner as costs in an ordinary action or suit in such court are recoverable by law; but if such verdict shall be given against the collector as defendant in such suit, the costs so taxed as aforesaid shall be paid out of the consolidated revenue.(") AS TO COMPLAINTS AND DISPUTES BETWEEN MERCHANTS AND OTHERS COMPLAINTS ETC. THEREIN. quiries at Mel 23. If in the port of Melbourne any dispute shall arise between Disputes and inany masters or owners of ships merchants importers consignees gourne shippers or exporters of goods or their agents or licensed agents and any officer of customs with reference to the seizure or detention of any ship or goods or to any apparently accidental omission inadvertence or non-compliance with the laws or regulations relating to the customs or touching the withdrawal of agents' licenses, it shall be lawful for the commissioner to dispose of or determine such dispute in such manner as he may deem just. penalties. 24. If upon consideration of the facts and circumstances out of Power to remit which such dispute shall have arisen the commissioner shall be of or mitigate opinion that any penalty or forfeiture has been incurred by any such master owner merchant importer consignee shipper exporter or agent, the commissioner may (in case he shall be of opinion that the penalty ought to be remitted) remit and forego the same accordingly or (in case he shall be of opinion that a mitigated penalty should be imposed and enforced) mitigate any such penalty or forfeiture to such amount as he may deem a sufficient satisfaction for the breach of law or regulation complained of. 25. In case any such master owner merchant importer shipper Appeal to open exporter or agent shall feel himself aggrieved by the determination court. of the commissioner in any of the cases aforesaid or have any ground of complaint against any officer of customs in respect of anything done or omitted to be done by such officer in or about the execution of his duty, the party so feeling himself aggrieved shall upon an application in writing to the commissioner (which application shall state the substance of his complaint or the reasons of his dissatisfaction with such determination) be entitled to have the facts and circumstances of such complaint or determination enquired into in the manner following (that is to say):-Upon receipt of such application as aforesaid the Governor in Council shall depute two persons to enquire into the subject matter of such application, for which purpose a suitable apartment shall be provided to which the parties complaining and the parties complained against and their agents and witnesses and all other persons interested or (a) The provisions of this section do not apply to any goods which may be detained or seized for undervaluation or in respect to which any attempt to evade the payment of duty may have been made.-See 38 Vict. No. 503 s. 1," Customs and Excise (Customs Amendment 1874)," post. No. 13. 21 VICTORIA, desirous of attending shall have free access; and the persons so deputed shall receive the statement of the complainant or his agent or attorney and hear any reasons which he or they may advance in support of his complaint, and the said persons shall take or cause to be taken any evidence on oath which the said complainant may offer and adduce in support of his complaint and write down or cause to be written down and report the substance of such evidence in a narrative form and their opinion thereon and the arguments (if any) adduced on the hearing of the case for the information of the Governor in Council, and in like manner shall take down and write or cause to be taken down and written and report for the information of the Governor in Council any evidence which may be offered in support of such determination of the commissioner or in case of a complaint against an officer such exculpatory evidence as the officer complained against may offer or adduce: and the course of proceeding with respect to the taking of such evidence and the conduct of such inquiry shall be in as close conformity as the nature of such inquiry will admit with the practice adopted before justices on inquiries had before them. Governor in Council to prosecute or decide. Power to keep order. See 28 Vict. No. 26. The Governor in Council upon the evidence so reported to him shall either determine to prosecute the offender or decide the case upon such evidence and make an order thereon accordingly; and every order made upon consideration of the facts circumstances and evidence so reported by the persons by whom such inquiry shall have been holden shall, in case any penalty or mitigated penalty or forfeiture shall be adjudged by such order to be paid or enforced, be of equal force validity and effect as any conviction for penalties which any justice or justices is or are now empowered by law to make and upon the production of any such order to any justice of the peace it shall be lawful for such justice to enforce such order in the same manner and by the like authority as such justice is empowered to enforce orders, unless the party against whom such order shall have been made shall within one week after the same shall have been communicated as aforesaid give notice in writing to the commissioner that he refuses to abide by such order; in which case the commissioner may direct such proceedings thereon as he may see fit, or the party against whom such order shall have been made shall have the same remedy by action in any court having jurisdiction as if no such hearing or order had been made. 27. The person so deputed to inquire as aforesaid shall have and exercise, while engaged in the conduct of such inquiry and to as 267 s. 39, "Justices full an extent as the same is now exercised by any justice or justices of the Peace," post. in sessions, all necessary powers and authority to enforce order and propriety of conduct. Disputes and inquiries at the outports. 28. If at any outport any dispute shall arise between any master or owner of ships merchants importers consignees shippers or exporters of goods or their agent or agents and any officer of customs with reference to the class of cases hereinbefore enumerated as arising or occurring in the port of Melbourne, the like inquiry shall be holden the like course of proceeding adopted the like mode of taking evidence pursued the like accommodation for the parties concerned provided the like authorities for maintaining order given pro No. 13. and as nearly as may be the like matters in every respect done as 21 VICTORIA, herein before provided for inquiry into and conduct of similar ceedings in the port of Melbourne; save and except that the duty herein before prescribed to be performed by two persons deputed for that purpose may if the commissioner shall so order be performed at such outports by the collector or other officer of customs deputed by him for that purpose. administered. 29. In any of the foregoing cases or whenever it shall be Oaths may be necessary for the commissioner or his officers to institute any inquiry to ascertain the truth or facts with respect to any complaint or matter relating to any business under his management or control or incident thereto or the conduct of officers or persons employed therein, such inquiries shall and may be made or conducted by the commissioner or by any collector or other officer of the customs or by such person or persons as the commissioner shall direct and appoint for that purpose: and when upon any such inquiry proof on oath shall be required by the person conducting the same, such person shall and may administer such oath to any person attending before him as aforesaid: and if any person so examined as a witness before such person shall be convicted of giving false evidence on his examination on oath before the person conducting such inquiry, every such person so convicted shall be deemed guilty of perjury and shall be liable to the pains and penalties thereof. 30. Upon any such inquiry or examination it shall be lawful power to sumfor the commissioner, or for any such collector or other officer of the mon witnesses. customs or person so authorised or directed to conduct such inquiry or examination, to summon any person required as a witness to appear before the commissioner or other officer or person authorised to conduct such inquiry or examination as the case may be to attend on the hearing thereof at the time and place to be specified in such summons to give evidence upon oath of the truth of any facts appertaining to such inquiry or any other matter touching or relating thereto. And every person so summoned, having his reasonable expenses for such attendance if required paid or tendered to him at the time of the service of such summons, who shall neglect or refuse to appear according to the exigency thereof, or who having so appeared shall refuse to take the oath or to give evidence or to answer according to the best of his knowledge and belief any question when thereunto required shall for every such default or offence forfeit the sum of twenty pounds. 31. The commissioner shall from time to time make such rules Regulations for and orders for the proper conduct of such inquiries as aforesaid as may conduct of inbe expedient and as in his judgment shall be necessary or proper; and such rules or orders shall be observed on the conduct of such inquiries until annulled or varied by the authority of the commissioner. AS TO THE IMPORTATION OR PROHIBITION ENTRY EXAMINATION IMPORTATION AND LANDING AND WAREHOUSING OF GOODS. WAREHOUSING. 32. It shall be lawful to import any goods which are not by Importation and any law in force at the time of importation thereof prohibited to be prohibition. so imported; and to warehouse, under the laws in force for the warehousing of goods (except as hereinafter provided) in warehouses No. 13. 21 VICTORIA, duly approved for the warehousing of goods, without payment of duty on the first entry thereof, any goods subject to duties of customs the importation and warehousing whereof is not prohibited by any law in force at the time of such importation. Time of impor defined. 33. If upon the first levying or repealing of any duty or the tation and arrival first permitting or prohibiting of any importation or at any other time or for any of the purposes of this or any Act relating to the customs it shall become necessary to determine the precise time at which an importation of any goods shall be deemed to have had effect, such time shall be deemed to be the time at which the ship importing such goods had actually come within the limits of the port at which such ship shall in due course be reported and such goods be discharged: and if any question shall arise upon the arrival of any ship in respect of any charge or allowance upon such ship exclusive of cargo, the time of such arrival shall be deemed to be the time at which the report of such ship shall have been or ought to have been made. Prohibitions and restrictions. Repealed by 27 Excise (Customs post. 34. If any goods enumerated or described in the following table of prohibitions shall be imported or brought into Victoria, then and in every such case such goods shall be forfeited and shall be destroyed or otherwise disposed of as the commissioner may direct. A TABLE OF PROHIBITIONS INWARDS. GOODS ABSOLUTELY PROHIBITED TO BE IMPORTED. Books wherein the copyright shall be first subsisting first [Extracts essences or other concentrations of coffee chicory Blasphemous indecent or obscene prints paintings books cards Infected cattle sheep or other animals and hides skins horns No. 13. Snuff or tobacco unless in ships of fifty tons burden at least 21 VICTORIA, Cigars unless in ships of fifty tons burden at least and in prohibited. 35. The importation of arms ammunition gunpowder guncotton Arms &c. may be military and naval stores and other goods may be prohibited by proclamation or order of the Governor in Council; and if any goods so prohibited shall be imported, they shall be forfeited. exposed. 36. There shall be publicly exposed at the several ports in the Lists of prohicolony printed lists of all books wherein the copyright shall be bited books to be subsisting and as to which the proprietor of such copyright or his agent shall have given notice in writing that such copyright exists stating in such notice when such copyright expires. of unlading or to 37. If any ship coming into the colony shall not come as ship to come quickly up to the proper place of mooring or unlading as the nature quickly to place of the port will admit without touching at any other place and in station. proceeding to such proper place shall not bring to at the stations appointed by the commissioner for the boarding of ships by the officers of the customs, or if after arrival at such place such ship shall remove from such place except directly to some other proper place of mooring or unlading and with the knowledge of the proper officer of the customs, or if the master of any ship on board of which Accommodation any officer is stationed neglect or refuse to provide every such officer for officer. sufficient room under the deck for his bed or hammock, the master of such vessel shall forfeit the sum of twenty pounds. goods. 38. The proper officers of the customs may board any ship Officer to have arriving at any port in the colony and freely stay on board until all access to all the goods laden therein shall be duly delivered from the same, and shall have free access to every part of the ship with power to fasten down hatchways or entrances to the hold and to mark any goods before landing and to lock up seal mark or otherwise secure any goods on board such ship; and if any place or any box or chest be locked and the keys be withheld, such officers if they be of a degree superior to that of tidewaiter may open any such place box or chest in the best manner in their power; and if they be tidewaiters or only of that degree, they shall send for their superior officer who may open or cause to be opened any such place box or chest in the best manner in his power; and if any goods be found Seals not to be concealed on board any such ship, they shall be forfeited; and if the broken. |